Three regular second appeals concerning a property dispute among family members were listed before the High Court. Counsel sought two weeks' time to comply with office objections; time was granted, failing which the appeals would stand dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON' BLE MR. JUSTICE E.S.INDIRESH
REGULAR SECOND APPEAL NO.2194 OF 2018
C/W
REGULAR SECOND APPEAL NO.2329 OF 2018
REGULAR SECOND APPEAL NO.305 OF 2022
IN RSA 2194/2018
BETWEEN
SMT POOVAMMA SUBBAIAH
W/O. M A SUBBAIAH,
SINCE DECEASED BY LRS
W/O. M R ARAVIND,
D/O. M A SUBBAIAH,
AGED ABOUT 48 YEARS
AGED ABOUT 22 YEARS
S/O. M R ARAVIND,
AGED ABOUT 19 YEARS
…2
2
RSA NO. 2194/2018 C/W RSA 2329/2018 RSA 305/2022
R1 TO R3 ARE RESIDING AT
KODAGARAHALLI VILLAGE,
SUNTIKOPPA,
SOMWARPET TALUK, KODAGU DISTRICT-571236 [R2 TO R4 ARE TRANSPOSED AS APPELLANTS AS PER COURT ORDER DATED 19.07.2024]
…APPELLANT/S
(Sri/Smt : SRI K N SUBBA REDDY, N DILIP RAJAN AND A.P PULAKEHSI, ADVOCATES)
AND
S/O. M A SUBBAIAH,
AGED ABOUT 54 YEARS R/O KODAGARAHALLI VILLAGE,
SUNTIKOPPA,
SOMWARPET TALUK,
KODAGU DISTRICT-571236
(R2 TO R4 ARE TRANSPOSED AS APPELLANTS AS PER ORDER DATED 19.07.2024)
REPRESENTED BY HIS LEGAL HEIR
SMT.POOVAMMA
(DELETED AS PER ORDER DATED 03.09.2019)
…RESPONDENT/S
[Sri/Smt : VENKATESH R BHAGHAT, ADVOCATE FOR R1,]
…3
3 RSA NO. 2194/2018 C/W RSA 2329/2018 RSA 305/2022
IN RSA 2329/2018
BETWEEN
W/O M A SUBBAIAH AGED 76 YEARS RESIDING AT KODARAHALLI VILLAGE SUNTIKOPPA SOMWARPET TALUK KOADAGU DISTRICT-571236 ...APPELLANT/S
(By Sri./Smt : K N SUBBAREDDY, ADVOCATE)
AND
S/O M A SUBBAIAH
AGED ABOUT 54 YEARS
R/O KODAGAREHALLI VILLAGE, SUNTIKOPPA SOMWARPET TALUK
KODAGU DISTRICT – 571236
W/O M R ARAVIND
D/O M A SUBBAIAH
AGED 48 YEARS
S/O M R ARAVIND
AGED 22 YEARS
S/O M R ARAVIND
AGED 19 YEARS
…4
RSA NO. 2194/2018 C/W RSA 2329/2018 RSA 305/2022
4
ALL ARE RESIDING AT KODARAHALLI VILLAGE SUNTIKOPPA TALUK KODAGU DISTRICT-571236 …RESPONDENT/S
IN RSA 305/2022
BETWEEN
W/O M.R. ARAVIND D/O M.A. SUBBAIAH AGED ABOUT 50 YEARS
S/O M.R ARAVIND AGED ABOUT 24 YEARS
AGED ABOUT 21 YEARS APPELLANT NO. 1 TO 3 ARE RESIDING AT KODAGARAHALLI VILLAGE SUNTICOPPA SOMWARPET TALUK KODAGU DISTRICT 571236 …APPELLANT/S
(By Sri./Smt : A.P.PULAKESHI, ADVOCATE)
…5
RSA NO. 2194/2018 C/W RSA 2329/2018 RSA 305/2022
5
AND
M S KARIAPPA
S/O M.A SUBBAIAH
AGED ABOUT 56 YEARS
RESIDING AT KODAGARAHALLI VILALGE SUNTICOPPA
SOMWARPET TALUK
KODAGU DISTRICT-571236
…RESPONDENT/S
IN RSA NO. 2194/2018
REGULAR SECOND APPEAL FILED UNDER SECTION 100
OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 25.07.2018 PASSED IN RA.NO.67/2013 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, KODAGU, MADIKERI, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 18.09.2013 PASSED IN O.S.NO. 98/2007 ON THE FILE OF THE SENIOR CIVIL JUDGE, MADIKERI.
IN RSA NO. 2329/2018
REGULAR SECOND APPEAL FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 25.07.2018 PASSED IN RA NO.66/2013 ON THE FILE OF PRL. DISTRICT
…6
6
RSA NO. 2194/2018 C/W RSA 2329/2018 RSA 305/2022
JUDGE, KODAGU, MADIKERE., ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 18.09.2013 PASSED IN OS NO.98/2007 ON THE FILE OF SENIOR CIVIL JUDGE, MADIKERE.
IN RSA NO. 305/2022
REGULAR SECOND APPEAL FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 25.07.2018 PASSED IN RA.NO.67/2013 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, KODAGU, MADIKERI, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 18.09.2013 PASSED IN O.S.NO. 98/2007 ON THE FILE OF THE SENIOR CIVIL JUDGE, MADIKERI.
These Regular Second Appeals coming on for Orders, this day the Court made the following Order:-
ORAL ORDER
The learned counsel appearing for the appellant seeks two
weeks’ time to do the needful.
…7
RSA NO. 2194/2018 C/W RSA 2329/2018 RSA 305/2022
7
Finally, time of two weeks is granted as sought, failing
which, the appeals will be dismissed without reference to the Bench.
Sd/-
JUDGE
NOTE : Vide Court Order dated 17.09.2024, office objections
are not complied with, hence appeals are dismissed.
COPY
Sd/-
I/C ASSISTANT REGISTRAR
T By: SR R By: RG C By: GS Ty Date: 04.07.2025 C Date: 07.07.2025
1 provisions across 1 enactments
Smt Poovamma Subbaiah (since deceased by LRs - Kaveri, Akshay Aravind, Adit Aravind)
M S Kariappa
E.S.Indiresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
